HomeMy WebLinkAboutMay 30, 1995OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
MAY 30, 1995
The Council Meeting was called to order at 7:00 p.m. by Mayor
Sturdevant.
Jolly, Petkoff, Ruettimann, Peterson, Sturdevant - present
2. ~LEDGE OF ALLEGIANCE
CONSENT AGENDA
The following items were approved on the Consent Agenda:
Minutes for ADDroval
The Council approved the minutes of
Meeting of May 8, 1995 as presented.
the Regular Council
Establish Hearing Date for License Revocation. Rental Property
at 4724 Sixth Street Northeast
The Council established a hearing date of June 12, 1995 for
revocation or suspension of a license to operate a rental
property within the City of Columbia Heights against Roger S.
Kelly regarding rental property at 4724 Sixth Street
Northeast.
~c~gpt Don,%ion from the Columbia Heiahts Athletic Boosters
The Council approved acceptance of a donation of $125.00 from
the Columbia Heights Athletic Boosters to sponsor a queen
candidate for the Jamboree Celebration.
Authorization to Seek Ouotations for Copier at Library
The Council authorized staff to obtain quotations for purchase
and installation of a departmental copier at the Library.
Conferen~9 Attendance Re_~uest for Com~unity Development
The Council authorizedthe Community Development Director, Don
Schneider, to attend the NAHRO National Conference and
Exposition in Cincinnati, ohio from October 8th to the 11th
and such expenses to be paid from budgeted f~nds.
Authorization to Seek Bids to Seal Well at Jackson Pond
The Council authorized staff to seek bids to seal the inverted
well at Jackson Pond.
REGULAR COUNCIL MEETING
MAY 30, 1995
PAGE 2
Final Payment for Municipal Pro~ects ~9320. ~9321. and ~9322 -
1994 Overlay
The Council accepted the work for Municipal Projects ~9320,
~9321 and #9322, 1994 overlay and authorized final payment of
$8,798.34 to Midwest Asphalt Corporation of Hopkins,
Minnesota.
Final Pa_vment for 1995 Street and Parking Lane StriDina
The Council accepted~he work for 1995 street and pa~king lane
striping and authorized payment of $4,601.38 to AAA Striping
Service Company of Rogers, Minnesota.
License Applications
The Council approved the 1995 license applications as listed
upon payment of proper fees·
Pa_v~ent of Bills
The Council approved the payment of the bills as listed out of
proper funds.
APPROVAL OF CONSENT AGENDA
Motion by Peterson, second by Jolly to approve the Consent
Agenda as presented. Roll call: Ail ayes
®
A resident expressed concern regarding a number of issues.
Councilmember Jolly suggested the resident contact staff on
these matters. A second resident noted an experience she had
in a local County park and her hope this type of behavior
would not be repeated in the future·
PUBLIC HF~kRINGS!ORDINANCES/RESOLUTIONS
a. Second Readina of ordinance No. 1299 Beina an Ordinance
Re~uesting Vacation of an A11ey Between 37th and 38thAvenues
The City Manager identified the amended portion of the
ordinance and noted it did not require another first reading.
Motion byRuettimann, second byPeterson to waive the reading
of the ordinance, recognizing amended Section # 2, there being
ample copies available for the public. Roll call: Ail ayes
REGULAR COUNCIL MEETING
MAY 30, 1995
PAGE 3
ORDINANCE NO. 1299
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
CITY CODE OP 1977,
VACATING A CERTAIN ALLEY EASEMENT
The City of Columbia Heights does ordain:
Section 1:
The City of Columbia Heights herewith vacates
the public alley over, across, and under the
following described property, to wit:
The alley running North-South, adjacent on the
east side to Lots 16, 17, 18, 19, 20, 21, 22,
23, 24, 25, 26, 27, 28, 29, and 30, Block 91,
Columbia Heights Annex to Minneapolis,
Columbia Heights, Anoka County, Minnesota,
excepting and reserving the authority of any
person, corporation or municipality owning or
controlling electric or telephone poles and
lines, gas and sewer lines, or water pipes,
mains and hydrants, thereon or thereunder, to
continue maintaining the same or to enter upon
such way or portion thereof vacated to
maintain, repair, replace, remove or otherwise
attend thereto.
Section 2:
The east seven (7) feet will be deeded from Mn
DOT to the City of Columbia Heights with the
resulting fourteen (14) feet of vacated alley
being added to the lots above described lots
that are adjacent to the west line of the
alley.
Section 3:
This Ordinance shall be in full force and
effect from and after thirty (30) days after
its passage.
First Reading:
Second Reading:
Date of Passage:
March 13, 1995
May 30, 1994
May 30, 1995
Offered by:
Seconded by:
Roll call:
Ruettimann
Peterson
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
REGULAR COUNCIL MEETING
MAY 30, 1995
PAGE 4
b. Public Hearing - License Revocation. 4006 Fourth Street
Motion by Ruettimann, second by Peterson to close the public
hearing regarding the revocation or suspension of the rental
license held byJulie Klosterich regarding rental property at
4006 Fourth Street Northeast in that she has complied with
provisions of the Housing Maintenance Code. Roll call: All
ayes
c. Public Hearing - License Revocation. 1439 42nd Avenue
Motion by Ruettimann, second by Peterson to close the public
hearing regarding the revocation or suspension of the rental
license held byCatherine Stephenson regarding rental property.
at 1439 42nd Avenue Northeast in that she has complied with
provisions of the Housing Maintenance Code. R011 call: Ail
ayes
d. Public Hearina - License Revocation. 4653 Central Avenue
Motion by Peterson, second by Petkoff to close the public
hearing regarding the revocation or suspension of the rental
license held by David and Norma Rust regarding rental property
at 4653 Central Avenue Northeast in that the property owners
have complied with the provisions of the Housing Maintenance
Code. Roll call: All ayes
e. Resolution No. 95-30 Being a Resolution Orderina and
Levying One Mid-Block Light Located on an Existing Pole at
4711 Fifth Street Northeast
Motion by Petkoff, second by Ruettimann to waive the reading
of the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO. 95-30
Adopting assessment roll for the following local improvement
and determining said improvement will be made and ratifying
and confirming all other proceedings, heretofore had: Special
Assessment for mid-block alley light numbered 577-Area 26 -
Project #9510.
REG%rLAR COUNCIL MEETING
MAY 30, 1995
PAGE 5
WHEREAS, the City Council of the City of Columbia Heights,
Minnesota, met at ?:00 p.m. on the $0th day of May, 1995, in
the City Council Chambers, 590 40thAvenue Northeast, Columbia
Heights, Minnesota, being the time and place set when and
where all persons interested could appear and be heard by the
Council with respect to benefits, and to the proportion of the
cost of makingthe local improvement above described, a notice
of such hearing having been heretofore duly published as
required by law, and a notice mailed to each property owner of
record, stating the proposed amount of the assessment; and,
WHEREAS, the Council has heretofore estimated the cost of such
local improvement and has prepared an assessment roll
therefore,
THE CITY
RESOLVES:
Section 1:
Section 2:
Section 3:
COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY
That this Council does hereby adopt the
aforesaid assessment roll known and described
as "Assessment Roll for Local Improvements"
numbered 677-Area 26 - Project ~9510 for mid-
block alley lighting.
That this Council hereby finds and determines
that each of the lots and parcels of land
enumerated in said assessment roll was and is
especially benefited by such improvements.
This Council further finds and determines that
the proper proportion of the cost of such
improvement to be especially assessed against
each lot or parcel of land is the amount as
billed annually by Northern States Power.
That the annual installment shall be paid in
full without interest on or before September
15, 1996 (covering June electric payable July
1995 through 1996), and in annual installments
thereafter, as long as the mid-block light is
in place. Failure to pay the annual
installment renders the same delinquent
special assessment is Certified to the County
for collection with the real estate tax.
REGULAR COUNCIL MEETING
MAY 30, 1995
PAGE 6
Section 4:
That this Council did hereby determine and
redetermine to proceed with said improvement,
does ratify and confirm all other proceedings
heretofore had in regard to this improvement,
and said improvement shall hereafter be known
and numbered 677 -Area 26 for mid-block alley
lighting.
Section 5:
This resolution shall take effect immediately
upon is passage.
Passed this 30th day of May, 1995.
Offered by:
Seconded by:
Roll call:
Petkoff
Peterson
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
f. Resolution No. 95-29 Beina a Resolution AdoDtinq a Joint
~owers Agreemen%
Motion by Petkoff, second by Peterson to waive the reading of
the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO. 95-29
BEING A RESOLUTION APPROVING ENTERING INTO A
JOINT POWERS AGREEMENT WITH ANOKA COUNTY
TO SUPPLY TRANSPORT SERVICES TO MEMBER CITIES
OF THE JOINT LAW ENFORCEMENT COUNCIL
WHEREAS: Anoka County and the municipalities of Columbia
Heights, Anoka, Blaine, Circle PAnes, Coon Rapids, Fridley,
Lexington, Lino Lakes, St. Francis, and Spring Lake Park have
Joined together by joint powers agreement to form the Anoka
County Joint Law Enforcement Council (ACJLEC); and
WHEREAS: The ACJLEC has recommended that Joint arrangements
be entered into between interested parties in order to combine
efforts to provide transport service to the Anoka County Adult
Correctional Facility, the Anoka Metro Regional Treatment
Center or the Anoka County Juvenile Shelter during peak hours
and perhaps additional times if deemed to be in the best
interest of the participating agencies; and
REGULAR COUNCIL MEETING
MAY 30, 1995
PAGE ?
WHEREAS: Anoka County is willing to provide a transport
vehicle for use in providing such transport service in order
to facililtate such an effort; and
WHEREAS: The Joint Powers Agreement will be effective June
1, 1995 and remain in effect until terminated in accordance
with terms of the Agreement in which any party may terminate
participation upon ninety (90) days written notice to the
other parties in addition to other considerations as noted in
the body of the Agreement; and
WHEREAS: Other issues/conditions of this Agreement which
include: provision of transport vehicle, personnel rotation,
rotation duties, transport availability, arresting officer
responsibilities, training opportunities, worker's
compensation coverage, indemnification, contracts and.
purchases, disbursement of funds and property, accountability,
agreement amendments and required signatures, will be
recognized as valid and necessary parts of the activity.
NOW, THEREFORE, BE IT RESOLVED, that the Columbia Heights
Police Department is hereby authorized robe the participating
agency for the City of Columbia Heights relative to the Joint
Powers Agreement between member cities of the ACJLEC and Anoka
County to provide transport service under the conditions as
cited in the attached Joint Powers Agreement.
Passed this 30th day of May, 1995
Offered by:
Seconded by:
Roll call:
Petkoff
Ruettimann
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
g. Order Tollin~ Initial Review for Cable Rates
Motion by Petkoff, second by Peterson to waive the reading of
the Order there being ample copies available for the public.
Roll call: All ayes
REGARDING THE TOLLING PERIOD FOR THE REVIEW OF PROPOSED RATE
INCREASE SUBMITTED BY MEREDITH CABLE COMPANY TO THE CITY ON
MAY 1, 1995
REGULAR COUNCIL MEETING
MAY 30, 1995
PAGE 8
WHEREAS, the City of Columbia Heights "City" is certified as
a rate regulatory authority pursuant to rules of the Federal
Communications Commission (hereinafter "FCC"),
WHEREAS, the City has notified Meredith Cable Company
(hereinafer "Company") that the company is subject to the rate
regulatory authority of the City,
WHEREAS, the City has received from the Company a FCC Porm
1210 "Update Form", dated May 2, 1995,
WHEREAS, the Form 1210 filing implicates the City's authority
to regulate basic service rates in requesting an increase in
the company's maximum permittedbasic service rate, on a going
forward basis,
WHEREAS, the City has determined that it needs additional time
to review FCC Form 1210 to ensure that the proposed rates are
within the FCC standards for updating basic service rates,
WHEREAS, said additional time is required to solicit, receive,
and analyze additional information related to said review by
the City and staff.
NOW, THEREFORE, IT IS HEREBY ORDERED by the City of Columbia
Heights that the initial thirty (30) day period for the review
of the proposed rates and other entries on the amended FCC
Form 1210 is hereby tolled for an additional ninety (90) days.
FURTHER, that this Order shall be effective i~mediately,
however, the tolling period shall not begin until the
expiration of the initial thirty (30) day period.
FURTHER, that the Company is permitted to put the basic rate
increase into effect July 1, 1995, subject to rollback and
refunds.
ORDERED THIS 30TH DAY OF NAY, 1995.
Offered by:
Seconded by:
Roll call:
Petkoff
Peterson
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
REGULAR COUNCIL MEETING
MAY 30, 1995
PAGE 9
Se
COMMUNICATIONS
a. Establish Council Work Session Dates for Ju~
Motion by Sturdevant, second by Ruettimann to establish June
5, 1995 following the Special Hearing at 8:00 p.m. and June
19, 1995 at 7:00 p.m. as City Council work session dates and
times. Roll call: All ayes
b. Status of 49th/Central Avenues Median Barrier
The Acting City Engineer drafted a report containing comments
received from the City of Hilltop, School District #13 and
business owners regarding removal of the fencing from the
median on Central Avenue. Also included in the report were
alternatives to removal of the fencing.
Staff was directed to send the information contained in the
draft report to MnDOT.
OLD BUSINES~
a. Award of Police Non-Patrol Vehicle
Discussion was held regarding the purchase of a new vehicle
versus a used vehicle.
Motion by Petkoff, second by Peterson to appropriate $16,213
($14,989 plus $974 sales tax, $250 for license places) in the
Capital Equipment Replacement Fund from revenue received'for
the sale of three old police vehicles and the difference of
$5,115 from Undesignated Fund Balance of Fund 431-Capital
Equipment and to authorize the Mayor and City Manager to enter
into an agreement with Polar Chev of White Bear Lake to
purchase one 1995 Chevrolet Lumina 4-door sedan. Roll call:
All ayes
b. Award of Bid for Tennis Court Resurfacina - Municipal
Project #9303
Motion by Ruettimann, second by Petkoff to reject bids for
tennis court resurfacing, Municipal Project ~9303 and
authorize staff to rebid the project.
Staff advised that a rebid may not result in more bidders nor
better bids. Motion to reject was withdrawn.
REGULAR COUNCIL MEETING
NAY 30, 1995
PAGE 10
Motion by Jolly, second by Peterson to award the tennis court
resurfacing, Municipal Project ~9303 to C & H Construction of
Lonsdale, Minnesota, based upon their low, qualified,
responsible bid in the eunount of $2,995 with funds to be
appropriated from Fund 412-45200-5130, and furthermore, to
authorize the Mayor and City Manager to enter into an
agreement for the same. Roll call: All ayes
c. Award of Self-Powered Lawn Sweeper
Members of the Council expressed concern that only one bid was
received for this item. While it was noted this is a
specialized piece of equipment, Councilmembers recalled there
is a staff person whose responsibility is to be a "shopper"
for Public Works Department equipment. It was felt this
employee could do some more research on the availability of
this equipment from more than one source.
Motion by Ruettimann, second by Peterson to table this matter
for further consideration. Roll call: All ayes
Acceptance of Project #9413 Reroofina Pump Station #3
Motion by Jolly, second by Peterson to accept the roof
replacement project for pump station ~3 completed by Rayco
Construction, Inc. of Columbia Heights, Minnesota. Roll call:
All ayes
9. ~EW BUSINESS
a. ~HFA First Time Homebuver Minnesota City Participation
~roaram ;MCPP~
Motion by Ruettimann, second by Petkoff to grant approval
(concurrence) for the Housing and Redevelopment Authority to
apply for an allocation of up to $2,000,000 from the Minnesota
Finance Agency Minnesota City Participation Program (First
Time Homebuyer Program) and, if successful in securing an
allocation, to provide the necessary City/HRA involvement in
the Program. Roll call: All ayes
b. Purchase of C.P. Rail Property at 3725 Fifth Street
REGULAR COUNCILMEETING
MAY 30, 1995
PAGE 11
Motion byPeterson, second by Jolly to authorize the Mayor and
City]tanager to enter into a purchase agreement with C.P. Rail
System (Soo Line Railroad) for the purchase of 3725 Fifth
Street Northeast (P.I.N. ~35-30-24-34-0029) for $1.50 per
square foot with the total value to be determined by a survey
of the property. Roll call: All ayes
c. Abatement of Annual Interest on Special Assessment of
$17.02 for Pro_petty at 4108/4110 Madison Street for
Sealcoating
The City Manager advised that the property owner located his
assessment statement. He had previously indicated he did not
receive the statement and did not feel liable for the
interest. He notified the City Manager he did find the
statement and subsequently paid the assessment and the
interest.
Motion by Ruettimann, second byPeterson to deny abatement of
annual interest of $17.02 on special assessment for 4108/4110
Madison Street Northeast for sealcoating. Roll call: Ail ayes
d. Authorization of Fundina for "Pro~ect Safety Net"
Participation
The Acting Police Chief reviewed the project which has been
initiated and implemented by the City of Fridley.
Councilmember Ruettimann recommended that charges to parents
for holding their children in the drop-off center be a
consideration. The "Universal Curfew" currently being
instituted in three metro counties was discussed.
Motion by Peterson, second by Petkoff to authorize the
Columbia Heights Police Department to participate in the
Fridley "Project Safety Net" Program and provide the funding
of $6,104 to the City of Fridley from Undesignated General
Fund Balance and to allow the City Manager and Mayor to enter
into such an agreement. Roll call: All ayes
e. Auulication for Pr~mise Permit - Application for
Immaculate Conception Church
REGULAR COUNCIL MEETING
MAY 30, 1995
PAGE 12
10.
Motion by Petkoff, second by Peterson to direct the City
Manager to forward a letter to the State Charitable Gambling
Control Board indicatingthatthe City of Columbia Heights has
no objection to a premise permit for the Church of Immaculate
Conception to Conduct Class A gambling activities at Tycoon
Bar, 4952 Central Avenue Northeast, and furthermore, that the
City Council hereby waives the remainder of the sixty day
notice to the local governing body. Roll call: All ayes
a. Report of the City Manager
The City Manager's report was submitted in written form. The
City Manager advised he was in receipt of a letter from the
owner of the Business Center regarding payment of taxes owed.
It was noted that the majority of potential home purchasers in
Heritage Heights have indicated their preference for one style
of home. It had been hoped that there would be a variety of
four different types of homes in a given area. The developer
will attempt to make the outside appearance reflect some
variety.
Councilmember Ruettimann requested that the tapes of Robert's
Rules of Order be made available to members of the City
Council.
b. Report of the City Attorney
The City Attorney had nothing to report at this time.
ADJOURNMENT
Motion by Ruettimann, second by Peterson to
meeting at 8:50 p.m. Roll call: All ayes
-~nne student,-Council
adjourn the
yor ~Joseph Sturdevant
Secretary